HB 1788: Constitutional Amendment; Affordable Health Care; Fundamental Right

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH access to HEALTH CARE As a FUNDAMENTAL RIGHT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"RIGHT TO AFFORDABLE HEALTH CARE

     Section    .  It shall be the obligation of the State to ensure that every resident of the State has access to cost-effective, clinically appropriate and affordable health care as a fundamental right.  This obligation shall be balanced against the public interest in funding public schools and other essential public services.  Any remedy arising from an action to enforce this section shall not interfere with the balance described in this section."

     SECTION 2.  The question to be printed on the ballot shall be as follows:

     "Shall the Constitution of the State of Hawaii be amended to make it the obligation of the State to ensure that every resident of Hawaii has access to cost-effective, clinically appropriate, and affordable health care as a fundamental right; provided that this obligation is balanced against the public interest in funding public schools and other essential public services, and that any remedy to enforce this obligation shall not interfere with this balance?"

     SECTION 3.  New constitutional material is underscored.

     SECTION 4.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Affordable Health Care; Fundamental Right

Description:

Proposes an amendment to the Constitution of the State of Hawaii to establish access to affordable health care as a fundamental right, subject to limitations balancing other essential public services.

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